Marital Rape

Harsh Raj and Tanvi Priya
Law College, Dehradun, India

Volume II – Issue I, 2020

Rape is a Rape, whether terminated prior to marriage or afterwards. India don’t have adequate laws to defend women from rape at unquestionable period of her existence i.e the span of her marriage. Judiciary as well as our society need to realise that consent plays a significant role for women to live independently in the society. Paradoxically, married women should have the right to give consent to her spouse before indulging physically with him. Nevertheless, we don’t have an ample of laws concerning this offence so that the women’s could live freely and independently. Marital Rape ought to be scrutinized as a rape under the Indian Penal Code and the convicts should be punished for this heinous offence.

In India, there are no distinct provisions for Marital rape due to which no punishment is stated to the convict. Countries like Armenia, Belgium, Czech Republic, Russia and many more have considered it as an offence and have specific laws for this crime. Implementing laws for this offence is the need of the hour so that the marital rape is considered as a crime and the convict get penalized for this heinous crime.


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